OSHA Inspection: MARTIN OPERATING PARTNERSHIP, LP

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(B):  Process safety information pertaining to the
equipment in the
process did not include the piping and instrument diagrams (P&ID'S):
The employer violated this standard on or about May 3, 2010 and times
prior thereto
when in the following instances the process safety information depicted on
the piping and
instrument diagrams was not updated or validated to reflect current field
design
conditions on the #1 Crude Unit:
a. On drawing 01-D-0001D a Safety Relief Valve SRV801 on the #2 Desalter
01-V7300
was not present in the field.
The employer violated this standard on or about May 3, 2010 and times
prior thereto
when in the following instances the process safety information depicted on
the piping and
instrument diagrams was not updated to reflect the change in the equipment
numbering
system of Pressure Safety Valves (PSV) from three digit to four digit
numbers:
b. On drawing 01-D-0001D PSV 8504 was identified as SRV800
c. On drawing 01-D-0005 PSV 8503 was identified as SRV01-803
d. On drawing 01-D-0004 PSV 8502 was identified as SRV802
Pursuant to 29 CFR 1903.19(d) the employer must provide documentation to
OSHA that this
violation has been abated within ten (20) calander days of the "Date by
Which Violation Must
be Abated".
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $6,300 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.119(e)(1):  The process hazard analysis was not appropriate to
the complexity of
the process and did not identify, evaluate, and address the control of the
hazards involved in the
process:
a.On or about March 31, 2010 and at times prior thereto, the employer did
not
identify or determine in its 1996 Process Hazard Analysis (PHA) and PHA
Revalidation of 2001 and 2006 whether the relief system design for the #1
Crude
Unit was adequate for the unit's actual throughput.
b.On or about March 31, 2010 and at times prior thereto, the employer did
not
identify or determine in its 1996 Process Hazard Analysis (PHA) and PHA
Revalidation of 2001 and 2006 whether the 01- V7302, Atmospheric Tower and
01- V7307, Vacuum Tower relief devices which vent to the atmosphere
discharged to a safe location.
c.On or about March 31, 2010 and at times prior thereto, the employer's
1996
Process Hazard Analysis (PHA) and PHA Revalidation 0f 2001 and 2006 did not
address negative effects on employees or other equipment that could cause
another
release of hazardous materials/HHC, what presumptions or/ assessments
existed
to support that there would not be negative effects of an atmospheric
release of
hazardous materials/HHC,  whether employees are near where relief devices
discharge, including downwind locations, and/or  whether a release from a
relief
device could cause a release from other equipment, or could other nearby
equipment affect the released material.
d.On or about March 31, 2010 and at times prior thereto, the employer did
not
effectively address a potential overpressure situation on the #1 Desalter
in its
PHA Revalidation dated May 30, 2006.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $6,300 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.119(e)(3)(v):  The process hazard analysis did not address
facility sitting:
The employer violated this standard on or about March 31, 2010 and prior
thereto
when
the 1996 PHA and the 2001 and 2006 PHA Revalidation for the #1 Crude Unit
did not
evaluate facility sitting for occupied buildings including the  control
room and asphalt
office.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(f)(1):  The employer does not develop and implement
written operating
procedures that provided clear instructions for safety conducting
activities in each covered
process consistent with the process safety information and which addressed
the elements listed
in 29 CFR 1910.119(f)(1)(i) through (f)(1)(v):
a. The employer violated this standard on or about April 1, 2010 and at
times prior
thereto when the written operating procedure "Flagging Valves"
(SOP#OC-057)
was not
being implemented as written in that the "Crude Unit Tag List" was not
completed in its
entirety as required by the written procedure.
b. The employer violated this standard on or about May 20, 2010 and times
prior thereto
when the written operating procedures such as but not limited to the
following did not
provide clear instructions in that the equipment numbers were not
identified in the written
procedures: SOP# OC-001; SOP# OC-104; SOP# OC-055; and SOP# OC-177.
c.The employer violated this standard on or about April 1, 2010 and times
prior thereto
when the employer failed to develop written operating procedures for steam
blowdown
drum 08-V7400 which was the blowdown drum for the #1 Desalter's pressure
safety
valve PSV 8504.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Dec 22, 2011

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D):  The employer's written operating procedures
covering the steps
for each operating phase does not address emergency shutdown including the
conditions under
which emergency shutdown is required, and the assignment of shutdown
responsibility to
qualified operators to ensure that emergency shutdown happens in a safe
and timely manner:
The employer violated this standard on May 20, 2010 and times prior
thereto when the
emergency shutdown procedures for Crude Unit #1 did not assign
responsibility to
operators to shut down the unit.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within fifteen (15) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(ii):  The employer's written operating procedures
does not address the
requirements for the operating limits listed in 29 CFR
191.119(f)(1)(ii)(A) and (B):
The employer violated this standard on or about May 21, 2010 and times
prior thereto
when written operating procedures such as but not limited to the following
did not list
the operating limits:
a. "Crude unit in Case of #4 Boiler Failure"  SOP# OC-052
b. "Charging the Atmospheric and Vacuum Units for Circulation" SOP# OC-050
c. "By-Passing the Naphtha Condenser" SOP# OC-159
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(B):  The employer's written operating procedures
covering the
operating limits did not address the steps required to correct or avoid
deviation beyond such
operating limits:
The employer violated this standard on or about May 21, 2010 and times
prior thereto
when written operating procedures such as but not limited to the following
did not list
the steps required to correct or avoid deviation:
a. "Crude unit in Case of #4 Boiler Failure" SOP# OC-052
b. "Charging the Atmospheric and Vacuum Units for Circulation" SOP# OC-050
c. "Adjusting Temperature on Desalters" SOP# OC-065
d. "By-Passing the Naphtha Condenser" SOP# OC-159
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Sep 30, 2011

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(B):  The employer's written operating
procedures covering safety and
health considerations does not address the precautions necessary to
prevent exposure, including
engineering controls, administrative controls, and person protective
equipment:
The employer violated this standard on or about May 21, 2010 and times
prior thereto
when written operating procedures for the #1 Crude Unit did not list the
precautions
necessary to prevent exposure such as but not limited to specific personal
protective
equipment required.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

General-duty citation text

29 CFR 1910.119(f)(1)(iv):  The employer's written operating procedures
does not address
requirements for the safety systems and their functions:
The employer violated this standard on or about May 21, 2010 and times
prior thereto
when the employer did not list in its operating procedures, the specific
safety systems
such as but not limited to pressure safety valves and their functions
which are applicable
to the particular pressure vessels:
a. "Charging the Atmospheric and Vacuum Units for Circulation" SOP# OC-050
b. "Adjusting Temperature on Desalters" SOP# OC-065
c. "By-Passing the Naphtha Condenser" SOP# OC-159
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Jun 8, 2011

Penalty

Initial $4,500 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.119(f)(4):  The employer does not develop and implement safe
work practices for
employees and contractor employees to provide for the control of hazards
during operations such
as lockout/tagout; confined space entry; opening process equipment or
piping; and control over
entrance into a facility by maintenance, contractor, laboratory, or other
support personnel:
a. On or about April 27, 2010 and times prior thereto, the employer does
not
have a safe
work practice to control fire or explosion hazards when motorized
equipment enters or
travels on adjacent roadways to operating units that contain flammable or
combustible
materials.
b. On or about April 27, 2010 and times prior thereto, the employer does
not have a safe
work practice to control entry to a PSM covered process by maintenance,
contractor,
laboratory or other support personnel.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
*** Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Oct 13, 2011

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.119(j)(2):  The employer did not establish and implement
written procedures to
maintain the on-going mechanical integrity of process equipment:
Instance a:
On or about March 31, 2010 and at times prior thereto, written mechanical
integrity (MI)
program procedures were not developed for piping inspections.
MOP has not developed written mechanical Integrity (MI) program procedures
for piping
inspections, including but not limited to:
1) The piping inspector contractors provide their own inspection procedures
2) There are no written procedures for corrosion-under-insulation piping
inspections.
3) There are no written procedures for pressure testing piping systems.
4) There are no written procedures for positive material identification or
traceability for
piping
5) There are no written procedures for preparation of piping to be
inspected
6) There are no written procedures for establishing thickness or condition
monitoring
locations (TMLs or CMLs)
7) There are no written procedures for the assessment of inspection
findings
8) There are no written procedures for corrective action for piping
inspection and test
results such as when anomalous inspection data is received.
Instance b:
On or about March 31, 2010 and at times prior thereto, written mechanical
integrity (MI)
program procedures were not developed for pressure vessels.
MOP has not developed written mechanical Integrity (MI) program procedures
for
pressure vessel  inspections, including but not limited to:
1) The vessel inspector contractors provide their own inspection
procedures,
specific
vessel inspection procedures have not developed/controlled by the employer
2) There are no specific written procedures for corrosion-under-insulation
vessel
inspections.
3) There are no specific written procedures for pressure testing vessel
systems.
4) There are no specific written procedures for preparation of vessels to
be inspected
5) There are no specific written procedures for establishing thickness or
condition
monitoring locations (TMLs or CMLs) for vessel inspections
6) There are no specific written procedures for the assessment of
inspection findings
7) There are no specific written procedures for corrective action for
vessel inspection and test results such as when anomalous inspection data
is received.
Pursuant to 29 Pursuant to 29 CFR 1903.19, the employer must provide
documentation to OSHA
that this violation has been abated within twenty (20) calendar days of
the "Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(i):  Inspections and tests were not performed on
process equipment to
maintain its mechanical integrity:
On or about June 11, 2010 and at times thereto, the employer did not
conduct inspections
and tests on process piping such as the following:
a) #2 Stream Vapor
b) #3 Stream Draw
c) Diesel Draw
d) Naphtha Overhead Line and Naphtha/Crude Exchanger Inlet
e) #7 Stream Reflux
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA
that
this violation has been abated within twenty (20) calendar days of the
"Date by Which
Violation Must be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.119(l)(1):  The employer does not implement written procedures
to manage
changes to process chemicals, technology, equipment and procedures:
a.On or about May 3, 2010 and at times prior thereto, the employer does not
implement management of change procedures for increasing the charge to the
#1
Crude Unit.
b.On or about December 3, 2004 and at times thereto, the employer did not
address
the impact of change on safety and health prior to implementing the change
in
that the employer does not address the impact of installing seven
exchangers and
associated piping in the #1 Crude Unit Prior to the equipments
installation during
the Crude Unit Expansion project.
c.On or about December 3, 2004 and at times thereto, the employer did not
address
the impact of change on safety and health prior to implementing the change
in
that the  employer did not in the procedure include a review/analysis of
the relief
system to determine if the throughput change could result in deficiencies
in the
existing relief system.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Apr 20, 2012

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.119(m)(4)(iv):  The report prepared at the conclusion of the
investigation of an
incident which resulted in, or could have reasonably have resulted in a
catastrophic release of
highly hazardous chemical in the workplace, does not include the factors
that contribute to the
incident:
On or about May 25, 2010 and times prior thereto employer fails to report
in its incident
investigation report dated July 8, 2008 all factors which contributed to a
pipe leak which
posed a potential hazard.  The investigation fails to address mechanical
integrity issues
which may have contributed to the failed piping referenced in the report,
exposing
employees to the hazard of a reoccurrence.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

May 10, 2011

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.119(n):  The employer's emergency action plan does not include
procedures for
handling small releases:
The employer violated this standard on May 20, 2010 and times prior
thereto
when it
failed to include procedures for distinguishing between small spills and
large spills and
small releases and large releases
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Jul 5, 2011

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.119(o)(4):  The employer did not determine and document an
appropriate response
to each of the findings of the compliance audit required by 29 CFR
1910.119(o)(1), and
document that the deficiencies had been corrected:
On or about June 8, 2010 and times prior thereto,  the employer failed to
promptly
document that deficiencies noted on the 2009 Compliance Audit have been
corrected.
Items such as but not limited the following were not corrected as of July
1,
2010:
a. Controlling entrance of contract employees onto a covered process
b. Modifying the Emergency Action Plan to address procedures for handling
small
releases
c. Required personal protective equipment to prevent employee exposure to
hazards of
fire
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

May 10, 2011

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.120(q)(2)  The employer's written emergency response plan did
not address, as
a minimum, elements i-xi of this subpart:
At the facility, on or about 7/22/2010, where employees respond to
unplanned events
such as fires, leaks and spills.  The employer's written Emergency
Response and
Contingency Plan did not address the following elements:
iii.  Emergency recognition, in that the plan did not address the
potential of a
tornadicevent;
iv.   Safe distances and places of refuge;
vii.  Decontamination;
x.    Critique of response and follow-up;
xi.   PPE for protection during the response.
These deficiencies place employees at risk of injury in the event that
they respond to an
emergency.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Aug 2, 2011

Penalty

Initial $6,300 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.132(a):  Protective equipment was not used when necessary
whenever hazards
capable of causing injury and impairment were encountered:
The employer violated this standard on or about March 23, 2010 and times
prior thereto
when employees were not required to wear personal protective equipment
such as fire
retardant clothing (FRC) where the potential for flash fires existed in
the #1 Crude Unit.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Aug 2, 2011

General-duty citation text

CFR 29 1910.132(d)(1).  The employer did not assess the workplace to
determine if hazards are
present, or are likely to be present, which necessitate the use of
personal protective equipment
(PPE):
On or about 07/22/2010, at the facility, the employer's PPE hazard
assessment did not
address the hazards of the following tasks:
a. Response to and activities associated with fire fighting tasks.
Employees responding
to and fighting fires are not provided with thermal protective clothing
such as, but not
limited to, fire fighting turn out gear (bunker gear) and are therefore
exposed to the
hazard of being burned.  Additionally, without bunker gear, the heat load
may prevent
the employee from effectively applying the water streams from the fire
hoses.
b. Daily work activities in and around the refinery where the risk of
flash fires exist.
The employees wore only fire resistant shirts, but not pants, a practice
that exposed them
to the hazards of being burned in the event of a fire.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 14, 2011

Penalty

Initial $1,350 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.134(c)(1)(iii)  The written respiratory protection program
did not include fit
testing procedures for tight-fitting respirators:
On or about 07/07/2010, at the facility where the employer furnishes
Draegar model
3500 half mask and Draegar model 5000 full-face cartridge-style
respirators with
combination HEPA/OV/CL/HC/SD/HF/FM/CD cartridges.  The employer's written
respiratory protection program did not address the fit test protocol
selected at the facility
for fit testing of tight-fitting negative pressure respirators.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

May 10, 2011

General-duty citation text

29 CFR 1910.134(d)(3)(iii)(B)(2)  The employer did not implement a change
schedule for
canisters and cartridges that was based on objective information or data
that will ensure that
canisters and cartridges were changed before the end of their service life:
On or about 07/07/2010, at the facility where the employer furnishes
Draegar model
3500 half mask and Draegar model 5000 full-face cartridge-style
respirators with
combination HEPA/OV/CL/HC/SD/HF/FM/CD cartridges.  The employer's written
respiratory protection program did not address cartridge change out
procedures.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

May 10, 2011

Penalty

Initial $2,250 · Current $1,500 Reduced

General-duty citation text

29 CFR 1010.134(d)(2)(i)(B):  Employer-provided full facepiece pressure
demand supplied-air
respirators were not equipped with an auxiliary self-contained air supply:
On or about 07/07/2010, at the facility where the employer furnishes
Draegar Panorama
Nova full facepiece pressure demand supplied air respirators for use
during tank entries
and line breaks.  The respirators are not equipped with an auxiliary
self-contained air
supply, a practice that may expose employees to the hazard of inhaling
toxic vapors or
gases such as, but not limited to, nitrogen and hydrogen sulfide.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Apr 14, 2011

Penalty

Initial $2,250 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.134(f)(8):  The employer did not conduct fit testing of
tight-fitting atmosphere-
supplying respirators by performing quantitative or qualitative fit
testing in the negative pressure
mode, regardless of the of the mode of operation (negative or positive
pressure) that is used for
respiratory protection:
On or about 07/07/2010, at the facility where the employer furnishes
Dragar Panorama
Nova self-contained breathing apparatus for emergency use and Dragar
Panorama Nova
supplied air respirators for use in confined spaces.  Employees had not
been fit tested to
ensure a good face to respirator seal.  This condition exposed the
employees to the
hazard of inhaling harmful airborne contaminants in the event of an
emergency situation.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***

Issued

Sep 21, 2010

Abate by

Sep 30, 2011

Penalty

Initial $4,500 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.146(k)(1)(i); Employer does not evaluate prospective rescuer's
ability to respond
to a rescue summons in a timely manner.
On or about May 12, 2010 and times prior thereto, employees entered
confined spaces
such as but not limited to rail tank cars without a prompt means of
rescue.  The
employer does not provide a means for non-entry extraction or response
from a third
party within a reasonable amount of time.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which
Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 14, 2011

General-duty citation text

29 CFR 1910.146(k)(3)(i):  The employer does not require each authorized
entrant to use a chest
or full body harness, with a retrieval line attached at the center of the
entrant's back near
shoulder level, or above the entrant's head:
On or about May 12, 2010 and times prior thereto, where employees entered
confined
spaces such as but not limited to rail tank cars via the top hatch without
using a
harness/retrieval line to expedite non-entry rescue. The employer does not
permit
employees to perform entry rescue or extraction.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 14, 2011

Penalty

Initial $2,250 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.147(c)(3)(i): A tagout device is being used as an energy
isolating device which is
capable of being locked out, the employer does not demonstrate that the
tagout program provides
a level of safety equivalent to that obtained by using a lockout program:
On or about April 27, 2010 and times prior thereto, employees are being
exposed to
potential burn hazards from hot crude oil during line breaks.  During a
line break on the
7 stream reflux control loop, block valves were not effectively locked or
tagged out to
prevent the unexpected release of hot crude oil.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 14, 2011

General-duty citation text

29 CFR 1910.147 (f)(3)(ii) (D): A personal lockout or tagout device(s) is
not being affixed to
the group lockout device, group lockbox or comparable mechanism when
employees began work
(and to be removed when work stops) on the machine or equipment serviced
and/or maintained:
On or about April 28, 2010 and at times prior thereto, employees are
exposed to
potential injury from the unintentional startup of equipment and processes
from the
premature removal of a lockout device.  Employer's policy does not require
a separate
lock for each exposed employee during a lockout situation.
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within fifteen (15) calendar days of the "Date
by Which Violation Must
be Abated."
***Abatement Certification and Documentation Required***on

Issued

Sep 21, 2010

Abate by

Apr 12, 2012

Penalty

Initial $63,000 · Current $7,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(D):  Process safety information pertaining to the
equipment in the
process did not include the relief system design and design basis:
The employer violated the standard on or about March 23, 2010 when the
refinery
operated by Martin Operating Partnership, LP exceeded a crude oil charge
of 7,000
barrels per day (BPD) and had not compiled written data for the relief
system design and
design basis for the vessels in the #1 Crude Unit that relieve directly
into the atmosphere,
into disposal systems vented to the atmosphere or into a flare system
which includes, but
is not limited to the following:
a.Atmospheric Distillation Unit
b.Vacuum Distillation Unit
c.#1 Desalter
d.Naphtha Accumulator
Pursuant to 29 CFR 1903.19, the employer must provide documentation to
OSHA that this
violation has been abated within twenty (20) calendar days of the "Date by
Which Violation
Must be Abated."
***Abatement Certification and Documentation Required***